fbpx
NO CONTACT SENIORS SERVICES | COVID-19 TRAINED | HELPERS SCREENED DAILY


    Custodia Snow Removal Liability Waiver

    Indemnity / Hold Harmless Agreement

    This Indemnity / Hold Harmless Agreement is effective as of

    With client
    of

    For valuable consideration, the sufficiency of which is acknowledged and agreed to by the parties, the parties agree as follows:

    The Client agrees to indemnify and hold harmless Custodia Inc. Custodia Franchising Inc. Individual Custodia Franchisees, and Custodia Contractors (The Contractor) from any claim or liability arising from the following activity: SNOW SHOVELLING SNOW BLOWING AND SALTING, any and all areas surrounding said area where snow is to be removed.

    In the event of any claim or asserted liability against the Contractor arising from the above activity, the Client agrees to defend and hold harmless the Contractor from any loss or liability.

    In the event the Client fails to indemnify/hold harmless the Contractor for any claim of liability arising from the activity described above, the Contractor has the right to defend or settle such claim on their own behalf and be fully reimbursed by the Client for all costs and expenses of such defense or settlement.

    Residential Disclaimers:

    The Client understands that snow removal occurs after a single snowfall of 5CM or more. the Client agrees that snow will only be removed automatically after snowfalls of this level of accumulation and that snow removal will not occur during or after snow falls outside of this description.

    The Client understands that snow removal may not clear the area to "bare pavement" and that slippery conditions may continue to prevail before and even after snow removal has occurred.

    The Client understands that the Contractor assumes no liability for this naturally occurring condition or for slips, falls, accidents, or other incidents that arise from such conditions.

    The Client understands that snow removal, by its very nature, involves pushing a steel shovel or snowblower over the surface of the pavement.

    If your pavement is defective, deteriorated, weakened, frost-heaved, or, was installed improperly, the results of this previous damage are more likely to appear after snow removal. The contractor is not responsible for any damages to the pavement for these reasons.

    The Client understands that the contractor is not responsible for any damage or accidents that may occur to vehicles, garage doors, or other household items around the snow removal area.

    If a vehicle is blocking the area to be cleared, the Contractor will only clear the open portion of the snow removal area and assumes no liability for any cleared areas or areas not cleared during the snow removal process. The Client understands that the Contractor assumes no liability for slips, falls, accidents, or other incidents that arise from such conditions.

    If the Contractor is called back to clear the remainder of the area where vehicles or debris had been in the way, the Client will be billed an additional charge for this, a cost of one snow removal visit at it is currently priced in our service directory.

    The Customer is responsible for any damage to obstacles that protrude from the surface of the pavement that is not clearly Marked. This includes utilities such as water shutoffs, electrical boxes, sewer vents & cleanouts and any other obstacles on or within 12" of the pavement.

    The contractor will exercise reasonable care to avoid damage to pavement, grass, trees, and shrubs.

    However, the contractor is not responsible for any;
    a.) Damage to landscaping caused by the piling of snow.
    b.) Damage to items that are snow-covered or not visible.

    It is the Client's responsibility to install marker stakes along the Clients' driveway to help protect the lawn and other property from snow removal damage.

    If marker stakes are not installed, the Contractor is not responsible for any lawn damage

    Depressed areas in pavement may accumulate snow that may not be able to be removed as well as snow that has been packed down by vehicle or foot traffic, the Snow contractor is not responsible for these accumulations but will do our best to remove them.

    The Snow contractor is not responsible for snowbanks built up by town plows after service has been rendered, or ice that forms caused by melting and refreezing after requested services were originally provided.

    Indemnification
    To the fullest extent permitted by law, the Client shall indemnify, defend and hold harmless the Snow Contractor, employees and subcontractors from and against any and all liabilities, costs, damages, and expenses for injuries or damage to persons or property resulting from any cause related to contractors work in, on or about the clients premises unless caused by the gross negligence of the snow contractor, contractor employees and subcontractors.

    The Client shall also indemnify, defend and hold harmless the Snow Contractor, employees and subcontractors from and against any and all liabilities, costs, damages, and expenses (including without limitation attorneys' fees and other costs of defense) for injuries or damage to persons or property which occur while Snow Contractor is not physically on-premises while they are not in performance of their duties on days there are no Snow Storms.

    This Agreement is the entire agreement between the parties.

    This Agreement is governed by the laws of the Province of Ontario and any disputes will be tried in the appropriate federal or provincial courts located in Etobicoke, ON.

    In witness of this, the undersigned have executed this Agreement as of the day and year first written above.


    Use your mouse or finger to sign the document